STANDARD ESSENTIAL PATENTS FRAND AND PATENT HOLD-UPS

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Description

As SEP system is evolving gradually around the globe while constantly being open to debate in terms of reaching to a best-practice in assessment of FRAND licensing conditions, SEP declarations, resolution of licensing disputes based upon patent hold-ups and hold-outs which in fact lead to misappropriation of the competition, we suggest SSOs providing such guidance rather than the regulators and without waiting courts’ precedents (though in some countries like Germany, Regional Court Munich published new guidelines for infringement cases concerning standard essential patents[1]), especially by preparing a SEP guideline which shall foster SEP licensing, give patent holders a fair return on investment in innovation effort, including research and development, and at the same time to allow all implementers of the standard fair access at a reasonable cost on basis of FRAND terms.

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